FLINT — One of two Flint scrap metal dealers accused of receiving stolen city metals had its license suspended Monday night, while the other dealer kept its license after it agreed to follow the rules as well as give the city $10,000 toward a scrap metal enforcement fund.

The Flint City Council voted to suspend Spooner Metals’ license for 60 days after a hearing last week where company representatives testified the business had voluntarily reported and returned more than 40 city catch basins it had received.

City Council members, however, said Spooner Metals never should have received the materials in the first place.

FJ: It’s about time the city got tough with scrap yards regarding illegal metal scrap. The problem in Flint has been out of hand for years, in part because thieves knew they had buyers.

Indeed, it emboldened them to the point where they were stealing iron manhole covers and sewer grates off the city’s streets, sometimes more than a dozen in a single night.

They tore out the huge, metal window frames at the vacant Civic Park Elementary School.

They cut away chunks of the chain-link fence from around Oak Park.

In addition to having a field day ripping out the copper piping in Flint’s plethora of vacant homes, they have broken into occupied dwellings and even a city fire station.

Outrageous.

After voting on Spooner Metal’s fate, the council voted to enter into a consent agreement with a scrap company accused of selling vehicles that contained Flint sewer materials to a Saginaw metal processor, officials said.

As part of the agreement, J&S Auto Salvage did not admit to violating any city ordinances, but agreed to follow the law as it relates to scrap metal and is contributing $10,000 to the city toward a “scrap metal enforcement fund,” City Attorney Peter Bade said.

FJ: We’re not clear why J&S did not get the same treatment as Spooner. Punishment should be fair and across the board. But we’re glad that it, too, wasn’t let off the hook.

The money will go toward equipping a nonprofit citizens group identified by the police chief with video cameras and other materials necessary to police scrap metal dealers, Bade said.

Bade said the money is not a fine.

“City Council had no ability to impose a fine,” Bade said.

FJ: Call it what you will, just put the money to good use.

J&S also agreed to drop a lawsuit it had filed against the city.

Council members said the testimony regarding the allegations against J&S was “convoluted.”

“There was a lot of confusion as it relates to the testimony,” Councilman Sheldon Neeley said. “I don’t oppose this consent agreement based on the testimony I heard.”

An attorney for J&S, William Cavanaugh said the business never did anything wrong.

“The first time we came in here we said we were willing to be a part of the solution,” he said. “This is a way of being part of the solution.”

FJ: The scrap yards do need to be part of the solution. Without their diligence, metal thieves will continue to see dollars signs whenever they pass one of the city’s 100,000-plus manhole covers.

An attorney for Spooner Metals declined to comment Monday on the council’s actions.

Representatives had testified that Spooner has regularly reported to the city when it found that was in possession of city property, and that materials sometimes cannot be inspected in detail because they are transferred in large piles.

Still, council members said the business was in violation of city ordinance.

“It is a total violation of the law that stolen material is being received by that organization,” Councilman Bernard Lawler said. “If there are others not in compliance... they need to be in compliance with that as well.”

FJ: It’s common knowledge that thieves are hiding scrap such as those 85-100 pound manhole covers in large batches of material.

It will be a pain, to be sure, but the scrap must be inspected. Until all scrap dealers do this, it will be business as usual among thieves.

After the meeting, Spooner Metals went to court seeking a temporary injunction to halt the city’s suspension of its business license, but the motion was denied.

Councilman Bryant Nolden asked Bade whether Spooner had also been offered a consent agreement. Bade said there was “dialogue” about it, but declined to get into details.

Bade said the idea for a consent agreement arose in discussions with attorneys for J&S Auto Salvage because of decreased staffing in the police department.

“In terms of scrap metal theft, for the past year we’ve been attempting to adopt a comprehensive strategy,” Bade said. “We could equip them (a citizens’ group) with tools so they could enforce our laws.”

FJ: Good. Let both thieves and scrap yards be put on notice: It won’t be business as usual any longer.